PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           1 August 2002                  
	DOCKET NUMBER:   AR2001063642

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                Records

	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2. The applicant requests reconsideration of his previous application to correct his military records to change his date of rank (DOR) as a captain by awarding him additional entry grade credit.

3.  He states that his Basic Active Service Date (BASD) has already been changed.  He wants the Board to know that he only wanted his DOR changed.  Upon enrolling in the Health Professionals Scholarship Program (HPSP) he was informed by a personnel technician, CWO G_____, that he would receive credit for his prior service.  He resubmits the documentation showing his prior service.

4.  Incorporated herein by reference are military records which were summarized in a decisional document prepared to reflect the Board's previous consideration of the case (AR2001058593) on 27 September 2001.

5.  The submission is new evidence to the extent that the actual receipt date of these materials was not considered by the Board.  As such, it requires Board consideration.

6.  As noted in the Board's previous decisional document, the applicant was a member of an Army Reserve (USAR) Troop Program Unit simultaneously with his being enrolled in ROTC.  He was commissioned a USAR officer, completed the Officer Basic Course and served in the Individual Ready Reserve until he was appointed a Medical Corps captain with a date of rank of 15 June 1998.  The submitted materials demonstrate that the applicant qualified for 2 years, 8 months and 5 days prior service credit.  Although the Office of the Surgeon General (OTSG) recommended approval of his request, the Board denied relief because the applicant had submitted supporting documentation almost 3 years after his appointment as a Medical Corps officer. 

7.  The documentation showing the applicant's prior service duplicates information originally received by the board on 27 December 1999 as part of AR2000034922.  That case was administratively closed because adequate records to adjudicate the case were not available.  

CONCLUSIONS:

1.  The Board notes the original receipt date of the substantiating documentation and the favorable advisory opinion from the OTSG and concludes that the applicant should be awarded the 2 years, 8 months and 5 days prior service credit. 

2.  The applicant's date of rank and effective date of rank as a captain should be corrected to 10 October 1975.  He should be paid any increase in pay.  If appropriate, he should be considered by a standby advisory board for promotion to major and he should be promoted, if selected.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing the date of rank and effective date of rank of the individual concerned is 10 October 1995;

b.  paying him any resultant increase in pay;

c.  if appropriate, referring his name to a standby advisory board, as appropriate for consideration for promotion to major; and 

d.  promoting him, if selected.

BOARD VOTE:

__SAC__  __MHM__  ___RKS_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063642	
SUFFIX		
RECON	This applies only to ADRB	
DATE BOARDED	20020801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES          1.	131.05	
2.		
3.		
4.		
5.		
6.